Neutral Citation No. - 2025:AHC:116600 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 15419 of 2025 Applicant :- Rajpal And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ansar Haider Rizvi,Zafar Abbas Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J. 1. Heard Shri Sarve Nazir holding brief of Shri Zafar Abbas, learned counsel for the applicants, Shri K.D.Tiwari, learned counsel for respondent no.2 as well as learned A.G.A. for the State-respondent and perused the record on board. 2. The applicants have invoked the inherent jurisdiction of this Court under Section 528 B.N.S.S. for quashing the entire criminal proceeding as well as the charge sheet dated 26.11.2024 and the cognizance/summoning order dated 16.01.2025 in Special Case No.76 of 2025 (State of U.P. vs. Rajpal & Others) arising out of Case Crime No.567 of 2024 under Sections 115(2), 352, 351(3) B.N.S.S. and Section 3(1)(Da), (Dha), 3(2)(VA) S.C./S.T. Act, Police Station Katghar, District Moradabad pending before Special Judge, S.C./S.T. Act, Moradabad. 3. Although learned counsel for the applicants has challenged the merits of the case as well as issuance of summoning order dated 16.01.2025 against the present applicants, however, considering the peculiar facts and circumstance of the present case, plea raised on behalf of the present applicants with regard to illegality in issuing the summoning order is being entertained with liberty to the present applicants to challenge the merits of the present case at subsequent stage, if they feels aggrieved. 4. It is submitted by learned counsel for the applicants that charge- sheet no.567 of 2024 dated 26.11.2024 has been filed by the Investigating Officer after due investigation against the four accused, namely, Rajpal s/o. Brijlal, Jaswant @ Nanhe s/o. Brijlal, Suresh s/o. Brijlal and Dinesh s/o. Rajpap. However, while taking the cognizance, learned Special Judge, S.C./S.T. Act, Moradabad has taken the cognizance against one accused namely Bhudev Singh who is not named in the charge-sheet. 5. Having considered the rival submissions advanced by learned counsel for the parties and perusal of record, it manifests that in first paragraph of the summoning order dated 16.01.2025, learned Special Judge, S.C./S.T. Act has referred the charge-sheet no.567 of 2024 wherein all the aforesaid four accused, namely, Rajpal, Jaswant @ Nanhe, Suresh and Dinesh were arraigned, however, in second part of the said order, cognizance has been taken against one Bhudev Singh under Sections 115(2), 352, 351(3) B.N.S.S. and Sections 3(1)(Da), (Dha), 3(2)(VA) S.C./S.T. Act. In the operative portion of the summoning order dated 16.01.2025, summons were issued against all the aforesaid four accused who are arraigned in the charge-sheet. It appears that inadvertently, cognizance has been taken against Bhudev Singh who is neither named in the F.I.R. nor arraigned in the charge-sheet. However, no cognizance has been taken against the aforesaid four accused arraigned in the charge-sheet. 6. In this conspectus, as above, I am of the view that the impugned summoning order dated 16.01.2025 is nothing but abuse of the process of law which requires to be quashed and fresh order is required to be passed in light of the charge-sheet dated 26.11.2024. 7. As such, instant application succeeds and is partly allowed. Cognizance/summoning order dated 16.01.2025 is hereby quashed. Parties are relegated before the court below. Learned Special Judge, S.C./S.T. Act, Moradabad, is hereby directed to pass fresh cognizance/summoning order in light of the charge-sheet no.567 of 2024. Order Date :- 18.7.2025 VR Digitally signed by :- VIBHA RATAN High Court of Judicature at Allahabad